Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 22 - INCOME FOR NON-MODIFIED ADJUSTED GROSS INCOME (NON-MAGI) PROGRAMS
Section 477-22-002 - INCOME

Universal Citation: 477 NE Admin Rules and Regs ch 22 ยง 002

Current through March 20, 2024

002.01 DEFINITION. Income is a gain or recurrent benefit received in money or in-kind from employment, business, property, investments, gifts, benefits, or annuities, at regular or irregular intervals of time. Unless otherwise stated in this chapter, income is defined and counted according to 20 Code of Federal Regulations (CFR) Part 416 Subpart K.

002.02 VERIFICATION. Income must be verified at least every 12 months. Verification of income consists of at least the following:

(i) The source of the payment or benefit;

(ii) The date the payment or benefit was received;

(iii) The person entitled to receive the payment or benefit;

(iv) The period covered by the payment or benefit; and

(v) The gross amount of payment or benefit.

002.02(A) VERIFICATION SOURCES. Electronic data sources will be used to verify income, if available. Paper documentation is required when electronic data sources are either unavailable or are not reasonably compatible with a client's attestation.
002.02(A)(i) STABLE INCOME. One month's income is verified when a client's income is stable.

002.02(A)(ii) FLUCTUATING INCOME. When a client's income fluctuates, the most recent three months income is verified, when available.

002.03 PROSPECTIVE BUDGETING. Non-Modified Adjusted Gross Income (Non-MAGI) is computed on a monthly budgeting basis. Income is converted into a monthly amount. The amount used to determine monthly eligibility is the amount which is expected or can reasonably be anticipated consistent with the regulations in this chapter.

002.03(A) RETROACTIVE EXCEPTION. To determine retroactive eligibility, the amount of income actually received by the assistance unit in the requested retroactive months is verified and used.

002.04 AVAILABILITY. All sources of income, whether earned or unearned, available to the client are used to determine initial and ongoing eligibility. Relative responsibility provisions determine what income is used to determine eligibility for each member of the assistance unit.

002.04(A) PAYMENT RECEIVED FOR ANOTHER PERSON. Any benefit or payment received by the client for a person not in the assistance unit is countable for the client if the benefit or payment is not forwarded to the person for whom such payment is due.

002.05 INTERCEPTED, WITHHELD, OR GARNISHED INCOME. Income which is being intercepted, withheld, or garnished, even if done pursuant to a court order, is counted in determining eligibility.

002.06 TERMINATED INCOME. It is necessary to verify when a source of income ends. The income is not used in determining eligibility beginning in the month after the month in which the final payment is received or the benefit or contract ends.

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